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KARAMJIT SINGH
Gyano – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mr. Karamjit Singh, J.
This appeal has been filed by the appellants against judgment dated 24.1.2014 passed by Railway Claims Tribunal, Chandigarh Bench (in short, "the Tribunal") whereby the claim application filed by the appellants for grant of compensation was dismissed.
2. The facts of the case of the appellants in nutshell are that appellant No.1 is widow while appellants No.2 to 4 are sons of deceased- Bishamber; that on 15.7.2010, deceased-Bishamber had gone to Ballabgarh for purchase of buffaloes. On the next day, the deceased went to village Nekpur, Tehsil Ballabgarh to meet his cousin Bedan and thereafter, the deceased along with Bedan reached New Town, Faridabad Railway Station to board a train to go to Palwal to meet his other relations. The deceased purchased train ticket and boarded EMU Train No. SNP 4. There was heavy rush in the train and during the said journey, the deceased fell from the running train just near Ballabgarh Railway Station and sustained multiple injuries and died at the spot. On receiving the information, the officials of GRP inspected the spot and conducted inquest proceedings and the post mortem examination of the dead body was conducted on
Absence of a train ticket does not negate a claim for compensation under Section 124A of the Railways Act if the deceased is proven to be a bona fide passenger.
The absence of a train ticket does not negate the status of a deceased as a bona fide passenger under the Railways Act, as the burden of proof can shift based on circumstantial evidence.
Strict liability applies in railway accident claims; proof of ticket not mandatory if other evidence supports passenger status.
The absence of a railway ticket does not negate a claim of being a bonafide passenger; the burden of proof shifts to the Railways once the claimant provides relevant evidence.
The absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
The court ruled that an accidental falling of a bona fide passenger from a train constitutes an 'untoward incident' under the Railways Act, mandating strict liability for compensation, irrespective o....
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
The Court affirmed that a passenger's accidental fall from a moving train constitutes an 'untoward incident', ensuring compensation under the no-fault principle without regard to negligence.
Point of Law : Mere absence of ticket with such injured or deceased will not negative claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing....
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